Florida 2026 Session Status: In Committee 1 R cosponsors

SB 980 — Nicotine Dispensing Devices

Last action — Died in Appropriations Committee on Agriculture, Environment, and General Government

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced December 19, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 36% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Nicotine Dispensing Devices; Citing this act as the “Florida Age-Gate Act”; defining the term “non-FDA-authorized nicotine dispensing device”; requiring an applicant for a retail nicotine products dealer permit to consent to inspections and searches of the licensed premises by the Department of Law Enforcement for specified purposes; providing civil and criminal penalties for retail tobacco products dealers that sell or advertise, promote, or display for sale non-FDA-authorized nicotine dispensing devices; prohibiting certain dealers that sell non-FDA-authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises, etc.

Bill Text

What changed in the latest version

257 added · 274 removed

257 line(s) added, 274 removed.

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Latest
Florida Senate - 2026 SB 980 By Senator Calatayud 38-00602-26 2026980__ A bill to be entitled An act relating to nicotine dispensing devices;
Florida Senate - 2026 CS for SB 980 By the Committee on Regulated Industries;
and Senator Calatayud 580-02247A-26 2026980c1 A bill to be entitled An act relating to nicotine dispensing devices;
providing civil and criminal penalties for retail tobacco products dealers that advertise, promote, or display for sale non-FDA-authorized nicotine dispensing devices;
providing civil and criminal penalties for retail tobacco products dealers that sell or advertise, promote, or display for sale non-FDA- authorized nicotine dispensing devices;
requiring the department and the division to use the administrative fines assessed for specified purposes;
requiring the division to deposit all fines collected into the Alcoholic Beverage and Tobacco Trust Fund;
conforming a cross- reference;
requiring the division and the Department of Law Enforcement to use the administrative fines assessed for specified purposes;
reordering and amending s.
conforming a cross-reference;
amending s.
prohibiting certain dealers that sell non-FDA- authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises;
prohibiting certain dealers that sell non-FDA-authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises;
providing exemptions;
providing applicability;
amending s.
amending Page 1 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 s.
revising the Page 1 of 10 CODING:
revising the requirements of the division’s annual report to the Legislature and the Governor;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 980 38-00602-26 2026980__ requirements of the division’s annual report to the Legislature and the Governor;
(5)(4) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.
(5)(4) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar Page 2 of 9 CODING:
For purposes of this definition, each individual stock keeping unit is considered a separate nicotine Page 2 of 10 CODING:
Florida Senate - 2026 SB 980 38-00602-26 2026980__ dispensing device.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 device or product.
For purposes of this definition, each individual stock keeping unit is considered a separate nicotine dispensing device.
387j from the Food and Drug Administration.
387j from the United States Food and Drug Administration.
(12)(10) “Self-service merchandising” means the open display of nicotine products, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the dealer or the dealer’s owner, employee, or agent.
(12)(10) “Self-service merchandising” means the open display of nicotine products, whether packaged or otherwise, for Page 3 of 9 CODING:
An open display of such Page 3 of 10 CODING:
Florida Senate - 2026 SB 980 38-00602-26 2026980__ products and devices includes the use of an open display unit.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 direct retail customer access and handling before purchase without the intervention or assistance of the dealer or the dealer’s owner, employee, or agent.
An open display of such products and devices includes the use of an open display unit.
(3) The division shall conduct regular inspections of the licensed premises of dealers that sell non-FDA-authorized nicotine dispensing devices to ensure compliance with this part.
(3) The division shall conduct regular inspections of the Page 4 of 9 CODING:
Section 4.
Section 569.35, Florida Statutes, is amended to Page 4 of 10 CODING:
Florida Senate - 2026 SB 980 38-00602-26 2026980__ read:
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 licensed premises of dealers that sell non-FDA-authorized nicotine dispensing devices to ensure compliance with this part.
Section 4.
Section 569.35, Florida Statutes, is amended to read:
(2)(a) The division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation.
(2)(a) Except as provided in paragraph (b), the division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation.
The division shall deposit all fines collected into the General Revenue Fund as collected.
Except as provided in paragraph (b), the division shall deposit all fines collected into the General Revenue Fund as collected.
(b) For each violation involving the sale of a non-FDA- authorized nicotine dispensing device, or the advertising, promoting, or displaying for sale of such device, the division may impose the following penalties:
(b) For each violation of s.
569.37(3) involving the sale of a non-FDA-authorized nicotine dispensing device, or the advertising, promoting, or displaying for sale of such device, the division may impose the following penalties:
For a first violation, an administrative fine between $500 to $1,000 and an order requiring corrective action within 15 days.
For a first violation, an administrative fine not to exceed $1,000 but not less than $500, a 7-day suspension of the dealer’s permit, and an order requiring corrective action within 15 days.
For a second violation, an administrative fine between $1,000 to $2,500 and an order requiring corrective action within 3 days.
For a second violation within 36 months after the first violation, an administrative fine not to exceed $5,000 but not less than $2,500, a 14-day suspension of the dealer’s permit, and an order requiring corrective action within 3 days.
3.
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For a third violation, an administrative fine between $2,500 to $5,000 and suspension of the dealer’s permit for 30 days.
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4.
For a fourth violation, an administrative fine of no less than $5,000 and suspension of the dealer’s permit for 90 days.
Page 5 of 10 CODING:
Florida Senate - 2026 SB 980 38-00602-26 2026980__ 5.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 3.
For a fifth or subsequent violation, revocation of the dealer’s permit.
For a third violation within 36 months after the first violation, an administrative fine not to exceed $20,000, but not less than $5,000, and revocation of the dealer’s permit.
(3) In addition to any administrative penalties under subparagraph (b)3., a dealer, or a dealer’s agent or employee, who commits a third or subsequent violation within 12 weeks after the first violation commits a misdemeanor of the second degree, punishable as provided in s.
(3) A dealer, or a dealer’s agent or employee, who commits a third or subsequent violation of s.
569.37(3) within 12 weeks after the first violation commits a misdemeanor of the second degree, punishable as provided in s.
(5) The division and the Department of Law Enforcement shall use the administrative fines assessed pursuant to subsection (2) to:
(5) The division shall deposit all fines collected under paragraph (2)(b) into the Alcoholic Beverage and Tobacco Trust Fund.
The division and the Department of Law Enforcement shall use the administrative fines assessed pursuant to subsection (2) to:
Section 569.37, Florida Statutes, is reordered and amended to read:
Section 569.37, Florida Statutes, is amended to read:
(a) When under the direct control or line of sight of the dealer or the dealer’s agent or employee;
(a) When under the direct control or line of sight of the Page 6 of 9 CODING:
or (b) Sales from a vending machine are prohibited under Page 6 of 10 CODING:
Florida Senate - 2026 SB 980 38-00602-26 2026980__ paragraph (a) and are only permissible from a machine that is equipped with an operational lockout device that is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 dealer or the dealer’s agent or employee;
or (b) Sales from a vending machine are prohibited under paragraph (a) and are only permissible from a machine that is equipped with an operational lockout device that is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product.
(6)(3) The provisions of Subsections (1), (2), and (3) do not (2) shall not apply to an establishment that prohibits persons younger than under 21 years of age on the licensed premises.
(3)(a) A dealer that allows persons younger than 21 years of age on the licensed premises, and that sells a non-FDA- authorized nicotine dispensing device, may not advertise, promote, or display for sale such device in a manner that is visible to:
(4) A dealer or a dealer’s agent or employee shall must require proof of age of a purchaser of a nicotine product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.
(5)(a) Notwithstanding this part, products manufactured by a company that has received at least one marketing authorization order under 21 U.S.C.
s.
387j are not restricted under this section, provided such products are sold exclusively in compliance with the related age restrictions of this state.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 980 38-00602-26 2026980__ (b) For purposes of this section, the exemption extends to all:
Stock-keeping units marketed by such manufacturer under the same brand family as the authorized product;
and 2.
Closed-system, replaceable-cartridge devices designed exclusively for use with a proprietary, reusable, rechargeable device for which a marketing authorization order has been granted.
(3)(a) A dealer that allows persons younger than 21 years of age on the licensed premises, and that sells a non-FDA- authorized nicotine dispensing device, may not advertise, promote, or display for sale such devices in a manner that is visible to:
1.
(b) A dealer that prohibits persons younger than 21 years of age on the licensed premises, and that sells a nicotine dispensing device that has received a marketing authorization order under 21 U.S.C.
(b) A dealer that prohibits persons younger than 21 years of age on the licensed premises, and that sells a nicotine dispensing device that has received a marketing authorization Page 7 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 order under 21 U.S.C.
387j, may advertise, promote, or display for sale such devices in areas visible inside or outside the licensed premises.
387j, may advertise, promote, or display for sale such device in areas visible inside or outside the licensed premises.
(c) Notwithstanding paragraph (a), products manufactured by a company with at least one FDA marketing authorization order issued under 21 U.S.C.
(c) Paragraph (a) does not apply to a nicotine dispensing device that has received an FDA marketing authorization order issued under 21 U.S.C.
387j are not restricted under this subsection, provided such products are sold exclusively in compliance with state age restrictions requirements.
387j, sold in compliance with this section, including:
For purposes of this paragraph, the exemption also applies to all:
Stock-keeping units within the same brand family as the Page 8 of 10 CODING:
Each stock-keeping unit marketed by the manufacturer within the same brand family as the authorized product;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 980 38-00602-26 2026980__ authorized product;
(5)(3) The provisions of Subsections (1) and (2) do not shall not apply to an establishment that prohibits persons younger than under 21 years of age on the licensed premises.
(4) A dealer or a dealer’s agent or employee shall must require proof of age of a purchaser of a nicotine product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.
The rules must include guidelines for compliance audits and enforcement actions pertaining to the advertising, promoting, or displaying for sale of any non-FDA-authorized nicotine dispensing devices and must expressly authorize establishments that prohibit persons younger than 21 years of age on the licensed premises to sell single-use nicotine dispensing devices that have not received a marketing authorization order issued under 21 U.S.C.
The rules must include guidelines for compliance audits and enforcement actions pertaining to the advertising, promoting, or displaying for sale of any non-FDA-authorized nicotine dispensing devices and must expressly authorize establishments that prohibit persons younger than 21 years of age on the licensed premises to sell single-use Page 8 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 980 580-02247A-26 2026980c1 nicotine dispensing devices that have not received a marketing authorization order issued under 21 U.S.C.
569.37(5).
569.37(3).
Page 9 of 10 CODING:
(4)(3) The number of violations for selling nicotine products to persons younger than under age 21 years of age and the results of administrative hearings on the above and related issues.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 980 38-00602-26 2026980__ (4)(3) The number of violations for selling nicotine products to persons younger than under age 21 years of age and the results of administrative hearings on the above and related issues.
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Action History

  1. Died in Appropriations Committee on Agriculture, Environment, and General Government

  2. CS by Regulated Industries read 1st time

  3. Now in Appropriations Committee on Agriculture, Environment, and General Government

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Regulated Industries; YEAS 8 NAYS 0

  6. On Committee agenda-- Regulated Industries, 01/27/26, 1:00 pm, 412 Knott Building

  7. Introduced

  8. Referred to Regulated Industries; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 5001
No Party Affiliation 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Bernard, Mack Democrat Yea
Bracy Davis, LaVon Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Not Voting
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Calatayud, Alexis Republican Yea
Mayfield, Debbie Republican Yea

Official roll call →

Subjects

public-safety civil-rights health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 980 do?
Nicotine Dispensing Devices; Citing this act as the “Florida Age-Gate Act”; defining the term “non-FDA-authorized nicotine dispensing device”; requiring an applicant for a retail nicotine products dealer permit to consent to inspections and searches of the licensed premises by the Department of Law Enforcement for specified purposes; providing civil and criminal penalties for retail tobacco products dealers that sell or advertise, promote, or display for sale non-FDA-authorized nicotine dispensing devices; prohibiting certain dealers that sell non-FDA-authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises, etc.
Who sponsors SB 980?
SB 980 is sponsored by Calatayud, Alexis (Republican).
What is the current status of SB 980?
This bill is in committee in the Senate. Introduced December 19, 2025. It must pass committee before a floor vote.
Where can I track SB 980?
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